This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice, if the acquisition is being made using simplified acquisition procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement is a 100% Small Business Set Aside combined synopsis solicitation. The NAICS Code for this synopsis/solicitation is 333314, Size Standard 500. Solicitation/ Purchase Request number F2KBAB5113A002 is issued as a Request for Proposal (RFP). This document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-83 effective 02 July 2015. The Government intends to award one purchase order for Optical Spectrum Analyzer (OSA) for the Particle beam project with one (1) contract line item number (CLIN): 0001 - Item ID: spectrum Analyzer OSA202 or Equal Description: Fourier transform spectrometer Key features: 1. The telecom wavelengths of interest range in value from 600 nm to 1700 nm. 2. OSA input port must be capable of accepting single mode and step-index multimode FC/PC Patch cables. 3. Spectral resolution must be 7.5 GHz or better. The OSA must be able to measure this range of wavelengths at the same time and precludes purchasing two OSAs whose individual ranges together would cover the required range. Quantity: 1 UNIT OF ISSUE: Each DESIRED DELIVERY DATE: 45 days ARO FOB: Destination Inspection and Acceptance: DESTINATION NOTE: Please provide a BRAND NAME OR EQUAL quote for the item(s) above . If an "or equal" quote is submitted, the proposal will be sent to the technical advisor for compatibility and verification. ANY OFFEROR PROVIDING AN OR EQUAL PRODUCT SHALL THOROUGHLY DESCRIBE HOW THEIR PRODUCT MEETS ALL THE REQUIRED CHARACTERISTICS LISTED. FAILURE TO DO SO WILL MAKE THAT OFFEROR NON-RESPONSIVE AND WILL NOT BE CONSIDERED FOR AWARD. In accordance with the FAR 13.106-1(a)(2) offerors are notified that award will be made on the basis of Best Value (determined by price and technical capability). All payments are to be paid via the Internet through the Wide Area WorkFlow (WAWF) system. WAWF may be accessed at https://wawf.eb.mil. WAWF training may be accessed online at http://www/wawftraining.com. Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/ contract number or invoice will be required to inquire status of your payment. Firms responding to this announcement shall include company name, DUNS number, cage code, point of contact, address, F.O.B. Destination, estimated delivery date, warranties if applicable and business size using NAICS Code 333314, Size Standard 500 Employees. Identify your quotes with the corresponding program title and solicitation number: Solicitation: Optical Spectrum Analyzer (OSA) Solicitation number: F2KBAB5113A002 Offers may be submitted via email to
[email protected] or fax to (505) 846-5716, ATTN: Mr. Denis C. McGrew. Electronic documents shall be submitted in .pdf, .doc, or .xls and less than 30MB. Communication containing documents in any other format may be blocked or stripped by the Government's server and may not be received by this office. Files in .zip format or file(s) exceeding 30MB will not be received by this office. The following provisions and clauses apply to this procurement: FAR 52.204-7, System for Award Management FAR 52.204-13, System for Award Management Maintenance FAR 52.211-6, Brand Name or Equal FAR 52.212-1, Instructions to Offerors - Commercial Items FAR 52.212-3 Alt I, Offeror Representations and Certification-Commercial Items (all offerors shall include a completed copy of this provision with their proposal unless electronically filed in System for Award Management) FAR 52.212-4, Contract Terms and Conditions-Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. [in paragraphs (b) and (c) the following clauses apply: 52.204-10,52.209-6, 52.219-6, 52.219-28, 52.222-3; 52.222-19; 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-18, 52.225-13, 52.232-33] FAR 52.219-1, Alt I, Small Business Program Representations FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005, Representation Relating Compensation of Former DoD Officials DFARS 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7004 Alt A, System for Award Management DFARS 252.204-7011, Alternative Line Item Structure DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information DFARS 252.211-7003 Item Unique Identification and Valuation. DFARS 252.223-7008, Prohibition of Hexavalent Chromium DFARS 252.225-7000, Buy American Statute-Balance of Payments Program Certificates DFARS 252.225-7001, Buy American and Balance of Payments Program DFARS 252.225-7002, Qualifying Country Sources as Subcontractors DFARS 252.225-7048, Export-Controlled Items DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006, Wide Area Workflow Payment Instructions DFARS 252.232-7010, Levies on Contract Payments DFARS 252.243-7001, Pricing of Contract Modification DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7023, Transportation of Supplies by Sea AFFARS 5352.223.9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) The following full text provisions and clauses apply to this procurement: FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price and technical capability of the item offered to meet the Government need. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.225-18 - Place of Manufacture. As prescribed in 25.1101(f), insert the following solicitation provision: Place of Manufacture (Mar 2015) (a) Definitions. As used in this clause-"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. (End of provision) FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil FAR 52.252-5, Authorized Deviations in Provisions (Apr 1984). (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Provision) FAR 52.252-6, Authorized Deviations in Clauses Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) FAR 252.203-7998, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation. (DEVIATION 2015-O0010) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015) (a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015-O0010) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of clause) DFARS 252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2015 Appropriations. Include the attached provision in all solicitations that will use funds made available by the Consolidated and Continuing Appropriations Act, 2015 (Pub. L. 113-235), including solicitations for the acquisition of commercial items under FAR part 12. REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) AFFARS 5352.201-9101, Ombudsman OMBUDSMAN (Nov 2012) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM, AFISRA ombudsmen, or AFNWC Ombudsmen: Ms. Jeannine Kinder AFNWC/PZ E-Mail:
[email protected] Phone: (505) 846-1924 Fax: (505) 846-0122 Mr. Anthony Kaiser AFNWC/PZC E-Mail:
[email protected] Phone: (505) 853-7666 Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU, AFISRA level, or AFNWC level may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.